From overall conduct of the accused, it cannot be said that after causing the murder, he has acted in the manner to be termed as something uncommon, which render the sentence of life imprisonment inadequate and calls for death sentence, the Bench observed.
The Bombay High Court, has commuted death penalty awarded by Trial Court to a man who was convicted for murdering his wife and two daughters, to life imprisonment.
Upholding his conviction, the Bench comprising of Justices A.V. Nirgude and V.L. Achliya observed: “No doubt the act committed by the appellant to cause the murder of his wife and two minor daughters is inhuman and condemnable act. However, we are not in agreement with the view taken by trial Court that the case falls in the category of rarest of rare case and the accused deserves to be awarded with death penalty. If we consider the overall facts of the case, then the fact is not in dispute that accused is a young person. He was 31 years of age at the time of commission of offence. He had no past record of involvement in criminal activities. He was residing in a village and agriculturist by profession. If we consider the injuries on the dead body of the deceased, then it cannot be said that accused has acted in cruel manner in causing the death. As per the post mortem report, the cause of death of all the deceased persons has been given as "Cardio Respiratory Arrest due to Asphixia due to Throttling".”
The court further observed: “It is also important to note that accused has not run away after committing the murders of his wife and two minor daughters. He made a phone call to Police Patil of the village and requested him to call the police by telling him that he would like to surrender before the police. After making the phone call, he kept himself locked inside the premises. Only after the police came, he opened the door and surrendered before the police. It has come on record that when they found Police Patil and other villagers reached outside the house then found him reading the religious book.”
The Court commuted the Death sentence awarded to life imprisonment, though with a rider that the State Government shall not consider the case of the appellant for premature release unless the appellant undergoes minimum sentence of 30 years.
Read the Judgment here.